45 & 47 VICT. C. 57. Patent to bind Hearing with assessor. Delivery of particulars. Crown. 27. (1) A patent shall have to all intents the like effect as against Her Majesty the Queen, her heirs and successors, as it has against a subject. (2) But the officers or authorities administering any department of the service of the Crown may, by themselves, their agents, contractors, or others, at any time after the application, use the invention for the services of the Crown on terms to be before or after the use thereof agreed on, with the approval of the Treasury, between those officers or authorities and the patentee, or, in default of such agreement, on such terms as may be settled by the Treasury after hearing all parties interested. Legal Proceedings. 28. (1) In an action or proceeding for infringement or revocation of a patent, the Court may, if it thinks fit, and shall, on the request of either of the parties to the proceeding, call in the aid of an assessor specially qualified, and try and hear the case wholly or partially with his assistance; the action shall be tried without a jury unless the Court shall otherwise direct. (2) The Court of Appeal or the Judicial Committee of the Privy Council may, if they see fit, in any proceeding before them respectively, call in the aid of an assessor as aforesaid. (3) The remuneration, if any, to be paid to an assessor under this section shall be determined by the Court or the Court of Appeal or Judicial Committee, as the case may be, and be paid in the same manner as the other expenses of the execution of this Act. 29. (1) In an action for infringement of a patent the plaintiff must deliver with his statement of claim, or by order of the Court or the judge, at any subsequent time, particulars of the breaches complained of. (2) The defendant must deliver with his statement of defence, or, by order of the Court or a judge, at any subsequent time, particulars of any objections on which he relies in support thereof. (3) If the defendant disputes the validity of the patent, the particulars delivered by him must state on what grounds he dis- 46 & 47 VICT. putes it, and if one of those grounds is want of novelty must state user alleged the time and place of the previous publication or by him. (4) At the hearing no evidence shall, except by leave of the Court or a judge, be admitted in proof of any alleged infringement or objection of which particulars are not so delivered. (5) Particulars delivered may be from time to time amended, by leave of the Court or a judge. (6) On taxation of costs regard shall be had to the particulars delivered by the plaintiff and by the defendant; and they respectively shall not be allowed any costs in respect of any particular delivered by them unless the same is certified by the Court or a judge to have been proven or to have been reasonable and proper, without regard to the general costs of the case. spection, &c., 30. In an action for infringement of a patent, the Court or a Order for injudge may on the application of either party make such order for in action. injunction inspection or account, and impose such terms and give thereon as the Court or a judge may see fit. 31. In an action for infringement of a patent, the Court or a Certificate of validity ques costs thereon. judge may certify that the validity of the patent came in question; tioned and the same. 32. Where any person claiming to be the patentee of an inven- Remedy in case of ground legal proceed C. 57. C. 57 46 & 47 VICT. Provided that this section shall not apply if the person making such threats with due diligence commences and prosecutes an action for infringement of his patent. Patent for one invention only. Patent on application of Miscellaneous. 33. Every patent may be in the form in the First Schedule to this Act, and shall be granted for one invention only, but may contain more than one claim; but it shall not be competent for any person in an action or other proceeding to take any objection to a patent on the ground that it comprises more than one invention. 34. (1) If a person possessed of an invention dies without representative making application for a patent for the invention, application may be made by, and a patent for the invention granted to, his legal representative. of deceased inventor. Patent to first inventor not invalidated by application in fraud of him. Assignment for particular places. Loss or destruction of patent. Proceedings and costs before Law Officer. (2) Every such application must be made within six months of the decease of such person, and must contain a declaration by the legal representative that he believes such person to be the true and first inventor of the invention. 35. A patent granted to the true and first inventor shall not be invalidated by an application in fraud of him, or by provisional protection obtained thereon, or by any use or publication of the invention subsequent to that fraudulent application during the period of provisional protection. 36. A patentee may assign his patent for any place in or part of the United Kingdom, or Isle of Man, as effectually as if the patent were originally granted to extend to that place or part only. 37. If a patent is lost or destroyed, or its non-production is accounted for to the satisfaction of the Comptroller, the Comptroller may at any time cause a duplicate thereof to be sealed. 38. The Law Officers may examine witnesses on oath and administer oaths for that purpose under this part of this Act, and may from time to time make, alter, and rescind rules regulating references and appeals to the Law Officers and the practice and procedure before them under this part of this Act; and in any proceeding before either of the Law Officers under this part of this Act the Law Officer may order costs to be paid by either party, and any such order may be made a rule of the Court. C. 57 39. The exhibition 1 of an invention at an industrial or inter- 46 & 47 VICT. national exhibition, certified as such by the Board of Trade, or the publication of any description of the invention during the industrial or period of the holding of the exhibition, or the use of the inven- exhibition not Exhibition at international patent rights. tion for the purpose of the exhibition in the place where the to prejudice (a) The exhibitor must, before exhibiting the invention, give (b) The application for a patent must be made before or within six months from the date of the opening of the exhibition. Publication of illustrated reports journal, 40. (1) The Comptroller shall cause to be issued periodically an illustrated journal of patented inventions, as well as of patent cases decided by courts of law, and any other information that the Comptroller may deem generally useful or important. (2) Provision shall be made by the Comptroller for keeping on sale copies of such journal, and also of all complete specifications of patents for the time being in force, with their panying drawings, if any. accom (3) The Comptroller shall continue, in such form as he may deem expedient, the indexes and abridgments of specifications hitherto published, and shall from time to time prepare and publish such other indexes, abridgments of specifications, catalogues, and other works relating to inventions, as he may see fit. 41. The control and management of the existing Patent Museum, and its contents shall from and after the commencement of this Act, be transferred to and vested in the Department 1 The provisions of this section may be extended by Order in Council to foreign exhibitions under 49 & 50 Vict. c. 37, sect. 3, post, p. 517. indexes, etc. Patent Museum. 46 & 47 VICT. of Science and Art, subject to such directions as Her Majesty in Council may see fit to give. C. 57. 42. The Department of Science and Art may at any time require a patentee to furnish them with a model of his invention on payment to the patentee of the cost of the manufacture of the model; the amount to be settled, in case of dispute, by the Board of Trade. 43. (1) A patent shall not prevent the use of an invention for the purposes of the navigation of a foreign vessel within the jurisdiction of any of Her Majesty's Courts in the United Kingdom, or Isle of Man, or the use of an invention in a foreign vessel within that jurisdiction, provided it is not used therein for or in connection with the manufacture or preparation of anything intended to be sold in or exported from the United Kingdom or Isle of Man. (2) But this section shall not extend to vessels of any foreign state of which the laws authorize subjects of such foreign state, having patents or like privileges for the exclusive use or exercise of inventions within its territories, to prevent or interfere with the use of such inventions in British vessels while in the ports of such foreign state, or in the waters within the jurisdiction of its Courts, where such inventions are not so used for the manufacture or preparation of anything intended to be sold in or exported from the territories of such foreign state. 44. (1) The inventor of any improvement in instruments or munitions of war, his executors, administrators, or assigns (who are in this section comprised in the expression the inventor) may (either for or without valuable consideration) assign to Her Majesty's Principal Secretary of State for the War Department (hereinafter referred to as the Secretary of State), on behalf of Her Majesty, all the benefit of the invention and of any patent obtained or to be obtained for the same; and the Secretary of State may be a party to the assignment. (2) The assignment shall effectually vest the benefit of the invention and patent in the Secretary of State for the time behalf of Her Majesty, and all covenants and agree being on ments therein otherwise contained for keeping the invention secret and shall be valid and effectual (notwithstanding any want |